Skip to main content

Does a Stipulation Discontinuing an Action Vacate a Judgement ?

New York |
Filed under: Litigation

A default judgt. in a Consum. Cred. matter was entered against me. I'd failed to appear/answer because I'd never been served. I later found out & filed an RJI & Motion to Vacate dflt. judgmt. Judge ordered Trav. hrng. to determine issue of service. Plntff appeared at "pre-hearing" sched. conf. & told court clerk they didn't want to go fwd. with hrng. & were withdrawing. Clerk rmvd. matter from cal. call and put it over for 3 weeks & said plaintiff should file approp. papers discont. action prior to that date. Plntff sent me a Stip. Discont. Action which they want me to sign & then they will file w. court. Stip. doesn't contain language vacatg. judgt. but discontinues action. Is that sufficient ? (i.e. , if action is discont. is judgmt auto vacated -- or must it explicitly state such ?)

Attorney Answers 1


  1. No, a stipulation of discontinuance alone does not vacate a prior entered judgment. The effects of a stipulation of discontinuance are governed by CPLR 3218(c), and can only adjudicate the merits of an action if there is a prior discontinuance for the same cause of action.

    However, by your question, I cannot tell if an actual money judgment was entered. The Court Clerk can help you to determine that. If no judgment was entered, then a stipulation of discontinuance may be sufficient.

    If a judgment was entered, it needs to be dealt with. If they are willing to stipulation to vacate the judgment, or file a satisfaction of judgment, those are separate issues that must be separately and expressly agreed upon.

    If there is a judgment entered against you, I would suggest that you hire a litigator, even for one hour, to negotiate the stipulation and see that your rights are protected.

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics